Terms & Conditions for Consultations & Travel

Naomi Findlay Pty Ltd trading as Findlay & Co Purchase Terms & Conditions.

By completing your purchase you are acknowledge you have read, and agree to, these terms and conditions of service related to any included consultations and travel.

THE PRODUCT
1. Naomi Findlay Pty Ltd™ offers several consultation services on its websites. These include in-person consultations within the defined local area, phone and email consultations, and virtual consultations held over Zoom (or similar video-chat program).
2. Some consultation services are included in package services that include products or courses. Terms and conditions found here also apply to those offers in conjunction with the terms outlined here for Consultations and Travel.
INTERPRETATION
1. In the interpretation of these terms:
  1. singular includes plural and vice versa;
  2. references to a person include a corporation, association, partnership, Government Authority, or any legal entity;
  3. references to statutes include statutes amending, consolidating, or replacing the statutes referred to and all regulations, orders in council, rules, by-laws, and ordinances made under those statutes;
  4. covenants by each party include an obligation to procure compliance by each of the parties’ employees and all other persons under the control of that party; where a party consists of more than one person the covenants on the part the party bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable; any undertaking by a party not to do any act or thing is taken to include an undertaking not to permit or suffer the doing of the act or thing;
  5. a reference to anything after the words “includes” or “including” does not limit what else might be included.
  6. references to “me” or "Naomi Findlay" or "Findlay & Co" or "we" refers to Naomi Findlay Pty Ltd.
  7. references to "you" or “Client” or "Customer" refers to you, the signing party, your organisation, and all associated company representatives.
  8. references to “works” or “deliverables” relate to included and selected services.
  9. References to "meeting", "consultation", "session", or "meeting" all mean the same thing; a get together in person, virtually, over phone or email.
  10. The section and subsection headings used in these terms and conditions are for convenience only and will not be used in interpreting this Agreement.
DISCLAIMER
1. Naomi Findlay does not give or make any guarantee or warranty, or make any representation, as to any outcome, result or benefit the purchaser might achieve or obtain by purchasing one or more of these products. Whilst Naomi Findlay Pty Ltd has taken great care in the creation and development of each of its products it cannot and does not warrant that the product is entirely free of accidental errors, omissions or inaccuracies. We recommend that you do your research and consult with your own finance and legal professionals before committing to any actions that may impact your financial future.
TERMS & CONDITIONS OF BOOKINGS
1. The services and prices offered may change at any time.
2. We are not under any obligation to maintain the same offer or pricing should you wish to extend a current package, book again, or change your existing booking.
3. Consultations are available between 10am to 5pm Mondays and Thursdays, Sydney time, except for Public Holidays and Personal Leave. (office hours)
4. Available consultation times are dependent on availability due to previous bookings.
5. Making payment for your consultation is confirmation of your booking.
6. Consultations and meetings are held virtually via Zoom, phone, email, or in-person. Location of sessions are agreed during the discovery call process. Where no location is determined, the scheduled consultation will take place virtually on Zoom.
7. You are responsible for scheduling all paid consultations. We will not contact you to follow you up.
8. After-hours consultations are charged at 2x standard fees, payable in full prior to the requested after-hours appointment.
9. Only the listed participant on the order form (at payment checkout) is permitted to attend the consultation. With written approval your business partner, project partner, or life partner may also attend.
10. You agree to disclose accurate and honest information when requested to ensure advice and services provided are useful and applicable.
11. We are not obligated to answer or respond to requests and provide advice or support outside of your scheduled consultation.
12. In-person meetings attract additional travel time costs and incur additional travel costs.
13. In-person standard consultations are available only for locations within 30km radius of Wallsend, NSW, Australia. Outside of this radius a travel fee will apply. We will contact you prior to the consultation of you are outside of the 30km radius.
14. If your requests are outside of our expertise we will inform you promptly so that you have adequate time to source another provider.
PAYMENT, CANCELLATIONS & REFUNDS
1. By agreeing to these terms and completing your purchase you are indicating you are financially capable of investing in this service and that you are in no way undertaking economic hardship to participate.
2. Upfront billing applies to consultations meaning that payments for sessions must be completed a minimum of 48 hours before your appointment.
3. All payments are made in AUD (Australian Dollars)
4. 10% GST applies to all purchases by Australian residents. Tax fees are presented at the checkout and may be in addition to the advertised purchase price.
5. Payments made online are completed by Stripe. If you wish to pay by bank transfer, please contact us.
6. Appointment bookings are non-transferrable.
7. Rescheduling is available up until 48 hours before your scheduled appointment.
8. You can reschedule via your calendar appointment or appointment email. You can also contact us via email or phone to reschedule.
9. Cancellation your booking within 48 hours will see a loss of 50% of the booking fee.
10. Full refunds for your appointment are available up until 48 hours before your scheduled appointment, except for travel bookings.
11. Full refunds for appointments requiring travel only apply if cancelled 7 days or more before the appointment.
12. Where we cancel or reschedule your appointment, no additional fees will apply. This change does not extend your refund period.
13. Travel fees are payable a minimum of 7 days before the meeting. Payments for each travel invoice are due within 7 days, or 7 days before the appointment, whichever is sooner.
14. Failure to pay the due fees by the due dates will forfeit the scheduled service provision and refunds will not apply.
15. Bookings completed, no-shows, and cancellations within 48 hours of scheduled appointment are non-refundable.
INTELLECTUAL PROPERTY
1. All material and content provided has been originally created by Naomi Findlay Pty Ltd and is subject to its copyright and other intellectual property rights. The intellectual property includes all Naomi Findlay Pty Ltd trademarks and photographs we take of your property.
2. The copyright in any published content remains the property of Naomi Findlay Pty Ltd and may not be recorded, used or reproduced without the prior written permission of Naomi Findlay Pty Ltd.
3. You agree not to do anything that would infringe Naomi Findlay Pty Ltd intellectual property rights in each of its products.
RIGHT TO AUTHORSHIP CREDIT
1. Both Parties agree that when asked, you must properly identify Findlay & Co. as the creator of the deliverables. You do not have a proactive duty to display our company name together with the deliverables, but you may not seek to mislead others that the deliverables were created by anyone other than Findlay & Co.
2. You hereby agree that Findlay & Co. and Naomi Findlay may use, and retains the right to use, your name, photos of your property, work completed, draft concepts, project details, results achieved, strategies used, and final deliverables as part of our public portfolio, websites, galleries, advertising, and other marketing media solely for the purpose of showcasing and marketing our work and capabilities, but not for any other purpose. We reserve the right to do so without prior written approval from you.
3. We will not publish any confidential plans and projects without your prior written consent.
RELATIONSHIP OF PARTIES
1. Nothing contained in these terms, your purchase confirmation, or shared in consultations, shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between us.
2. You agree that Findlay & Co, and Naomi Findlay, is and at all times during these terms and conditions shall remain, an independent contractor.
ACCEPTANCES
1. You agree to provide us with everything needed to complete the Services as, when, and in the format we request.
2. Any recommendations or advice provided is based on, and derived from, the practical experience gained by Naomi Findlay over many years of operating a successful design, renovation and home styling business. Findlay & Co make no guarantees, and you accept that, given the nature of the services provided, the results experienced by every client will differ. You accept responsibility for any such variance.
WARRANTY
1. We warrant that:
  1. the Services will be performed in a professional and workman-like manner;
  2. Findlay & Co shall comply with all applicable laws in the providing the Included Services.
  3. Except as set forth in these terms and conditions, Findlay & Co disclaims any and all warranties, whether expressed or implied, including but not limited to the warranty of merchantability, fitness for a particular purpose, suitability, completeness or results to be derived from the work, except as set forth herein, all deliverables are delivered on an as-is basis.
INDEMNIFICATION & LIMITATION OF LIABILITY
1. Liability for the services provided by Findlay & Co is governed solely by Australian Consumer Law and these terms and conditions. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law. Except for your Statutory Rights, all materials and services is provided to you without warranties of any kind, either express or implied.
2. To the extent permitted by law, Findlay & Co excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any services except those set out in these terms and conditions, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these terms and conditions.
3. You agree to indemnify, defend and hold harmless Findlay & Co from any and all claims, actions, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by your:
  1. gross negligence;
  2. out of any claim that you provided content, or any portion thereof in fact infringes upon or violates any proprietary rights of any third party, including but not limited to patent, copyright, and trade secret rights; or
  3. from a breach or alleged breach of any of your representations, warranties, or agreements herein.
4. To the maximum extent allowable by law, Findlay & Co shall not be liable to you as the client for any incidental, consequential, indirect, special, punitive, or exemplary damages (including damages for lost profit, loss of business, or the like) arising out of or relating to these terms and conditions, Findlay & Co’s performance hereunder or disruption of any of the foregoing, even if you have been advised of the possibility of such damages and regardless of the cause of action, whether sounding in contract, tort, breach of warranty or otherwise. To the maximum extent allowable by law, Findlay & Co’s aggregate liability under these terms and conditions shall in no event exceed the aggregate compensation paid by you to Findlay & Co under these terms and conditions.
LIMITATION OF LIABILITY
1. Liability for the services provided by the Findlay & Co is governed solely by Australian Consumer Law and these terms and conditions. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
2. Except for your Statutory Rights, all materials and services are provided to you without warranties of any kind, either express or implied.
3. To the extent permitted by law, the Findlay & Co excludes all express or implied representations, conditions, guarantees, warranties, and terms relating to any services except those set out in these terms and conditions, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these terms and conditions.
GOVERNING LAW & DISPUTE RESOLUTION
1. These terms and conditions and any dispute arising hereunder shall be governed by the laws of the jurisdiction of New South Wales, without regard to the conflicts of law provisions thereof.
2. For all purposes of these terms and conditions, the Parties consent to exclusive jurisdiction and venue in the courts located in New South Wales.
3. The failure of either party to enforce its rights under these terms and conditions at any time for any period shall not be construed as a waiver of such rights.
4. Subject to the provisions of these terms and conditions, any dispute arising out of, or in connection with, the provision of products and services by Findlay & Co must be resolved in accordance with this clause. A dispute, as referenced in these terms and conditions is classified as an issue that cannot be resolved between the two parties amicably.
5. Should any issue arise between the parties, the first process is to document and discuss the issue to attempt to come to an agreed resolution.
6. If an agreement cannot be made, the parties must refer the dispute to mediation by a New South Wales Law Society Approved Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the standard mediation agreement approved by the New South Wales Law Society. The reference to mediation commences when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause. Any mediation under this clause will be held at offices nearest to Wallsend, NSW nominated by the New South Wales Law Society unless the parties otherwise agree.
7. Any information or documents obtained as part of the reference under this sub-clause must not be used for any purpose other than the settlement of the dispute under this sub-clause.
8. If the Dispute is not resolved within thirty (30) days of the commencement of the reference under this clause either party may then, but not earlier, commence proceedings in a New South Wales court of competent jurisdiction. Unless a party has complied with the mediation procedure provided for in this clause for resolution of disputes, that party may not commence court proceedings relating to any dispute, except where that party seeks urgent interlocutory relief. Where a party fails to comply with the mediation procedure provided for in this clause the opposing party need not comply with this clause before commencing court proceedings relating to the Dispute.
SEVERABILITY
1. If any provision of these terms and conditions is, becomes, or is deemed invalid, illegal, or unenforceable in the jurisdiction of NSW Australia, such provision shall be deemed amended to conform to the applicable laws so as to be valid and enforceable, or, if it cannot be so amended without materially altering the intention of the parties hereto, it shall be stricken and the remainder of these terms and conditions shall remain in full force and effect.
FORCE MAJEURE
1. Findlay & Co shall be excused for failure to provide services hereunder to the extent that such failure is directly or indirectly caused by an occurrence commonly known as “force majeure,” including, without limitation, delays arising out of acts of nature, acts or orders of a government, agency or instrumentality thereof (whether of fact or law), acts of public enemy, riots, embargoes, strikes or other concerted acts of workers (with of Findlay & Co or other persons), casualties or accidents, delivery of materials, transportation or shortage of ships, cars, trucks, fuel, power, labour or materials or any other causes, circumstances or contingencies that are beyond the control of Findlay & Co; provided, however, that Findlay & Co shall use its best efforts to resume provision of services as soon as possible. Notwithstanding any events operating to excuse performance by Findlay & Co, these terms and conditions shall continue in full force for the remainder of the term and any renewals thereof.
NOTICES
1. Any notices to either Party made pursuant to these terms and conditions shall be made and sent:
  1. via email to the other Party’s designated representative;
  2. or via email to the other Party’s designated representative.
2. Each Party shall have an independent obligation to provide and update, as necessary, the mail and e-mail address on file for such notices.
3. Notices sent by e-mail shall be deemed effective once sent if no error or “bounce back” has been received within twenty-four (24) hours of submission.
When these terms and conditions become binding and enforceable
1. These terms and conditions will become binding and enforceable on both parties at the time of purchase.
Contact Us
1. The purchaser of a Findlay & Co product or service may contact us at the contact details available on our website here.